© 2019 Lake Bullard Neighborhood Improvement District

Lake Bullard Taxing District RS 33:9080

 

§9080. Lake Bullard Neighborhood Improvement District

A. Creation. There is hereby created within the parish of Orleans, as more specifically provided

in Subsection B of this Section, a body politic and corporate which shall be known as the Lake Bullard

Neighborhood Improvement District, referred to in this Section as the “district”. The district shall be a

political subdivision of the state as defined in the Constitution of Louisiana.

B. Boundaries. The district shall be comprised of the area of the parish of Orleans lying within

the following perimeter: Bullard Avenue, Dwyer Road, Berg Canal, and Lake Forest Boulevard.

C. Purpose. The district is established for the primary object and purpose of promoting and

encouraging the beautification, security, and overall betterment of the district.

D. Governance. (1) The district shall be governed by a board of commissioners, referred to in

this Section as the “board”, consisting of seven members as follows:

(a) The five members comprising the governing board of the Lake Bullard Homeowners

Association shall be members.

(b) The governing board of the Lake Bullard Homeowners Association shall appoint two

members, both of whom shall be members of the Lake Bullard Homeowners Association.

(2) All members shall be residents and qualified voters of the district.

(3) Board members serving pursuant to Subparagraph (1)(b) of this Subsection shall serve threeyear

terms after serving initial terms as provided in this Paragraph. One member shall serve an initial

term of two years, and one member shall serve an initial term of three years, as determined by lot at the

first meeting of the board.

(4) Vacancies resulting from the expiration of a term or any other reason shall be filled for the

remainder of the unexpired term in the manner of the original appointment.

(5) The members of the board shall select from among themselves a president and such other

officers as they deem appropriate. The terms and responsibilities of officers shall be as provided by the

bylaws of the board.

(6) The members of the board shall serve without compensation.

E. Powers and duties. The district, acting through its board of commissioners, shall have the

following powers and duties:

(1) To sue and be sued.

(2) To adopt, use, and alter at will a corporate seal.

(3) To receive and expend funds collected pursuant to Subsection F of this Section and in

accordance with a budget adopted as provided by Subsection G of this Section.

(4) To enter into contracts with individuals or entities, private or public, for the provision of

security patrols in the district.

(5) To purchase items and supplies which the board deems instrumental to achieving the

purpose of the district.

(6) To perform or have performed any other function or activity necessary for the achievement

of the purpose of the district.

F. Parcel fee. The governing authority of the city of New Orleans is hereby authorized to

impose and collect a parcel fee within the district subject to and in accordance with the provisions of this

Subsection:

(1) The amount of the fee shall be as requested by duly adopted resolution of the board. The fee

shall be a flat fee per improved parcel of land not to exceed two hundred fifty dollars per year for each

improved parcel.

(2)(a) The fee shall be imposed on each improved parcel located within the district.

(b) For purposes of this Section, “parcel” means a lot, a subdivided portion of ground, an

individual tract, or a “condominium parcel” as defined in R.S. 9:1121.103.

Page 1 of 2 RS 33:9080

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(c) The owner of each parcel shall be responsible for payment of the fee.

(3)(a) The fee shall be imposed only after the question of its imposition has been approved by a

majority of the registered voters of the district who vote on the proposition at an election held for that

purpose in accordance with the Louisiana Election Code. The amount of the fee may be changed by

duly adopted resolution of the board, not to exceed the maximum amount authorized as provided in this

Subsection. No other election shall be required except as provided by this Paragraph.

(b) The initial election on the question of the imposition of the fee shall be held at the same time

as a regularly scheduled election in the city of New Orleans.

(c) If approved, the fee shall expire on December 31, 2014, but the fee may be renewed if

approved by a majority of the registered voters of the district voting on the proposition at an election as

provided in Subparagraph (a) of this Paragraph. Any election to authorize the renewal of the fee shall be

held only at the same time as the mayoral primary election for the city of New Orleans. If the fee is

renewed, the term of the imposition of the fee shall be as provided in the proposition authorizing such

renewal, not to exceed eight years.

(4) The fee shall be collected at the same time and in the same manner as ad valorem taxes on

property subject to taxation by the city are collected.

(5) Any parcel fee which is unpaid shall be added to the tax rolls of the city and shall be

enforced with the same authority and subject to the same penalties and procedures as unpaid ad valorem

taxes.

(6)(a) The proceeds of the fee shall be used solely and exclusively for the purpose and benefit of

the district; however, the city may retain one percent of the amount collected as a collection fee.

(b) The proceeds shall be paid over to the Board of Liquidation, City Debt, day by day as the

same are collected and received by the appropriate officials of the city of New Orleans and maintained

in a separate account.

(c) The proceeds shall be paid out by the Board of Liquidation, City Debt, solely for the

purposes provided in this Section upon warrants or drafts on the Board of Liquidation, City Debt, by the

appropriate officials of the city and the treasurer of the district.

G. Budget. (1) The board of commissioners shall adopt an annual budget in accordance with

the Louisiana Local Government Budget Act, R.S. 39:1301 et seq. The budget and all amendments

shall be subject to the approval of the New Orleans City Council.

(2) The district shall be subject to audit by the legislative auditor pursuant to R.S. 24:513.

H. Miscellaneous provisions. (1) It is the purpose and intent of this Section that the additional

law enforcement personnel and their services provided for through the fees authorized in this Section

shall be supplemental to and not in lieu of personnel and services provided in the district by the New

Orleans Police Department.

(2) If the district ceases to exist, all funds of the district shall be transmitted by the board to the

city of New Orleans, and such funds, together with any other funds collected by the city of New Orleans

pursuant to this Section, shall be maintained in a separate account by the city and shall be used only to

promote, encourage, and enhance the security, beautification, and overall betterment of the area included

in the district.